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The Meaning Of Constitutional Protection Of Our Property Rights

Posted on:2011-08-02Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2196330332479715Subject:Law
Abstract/Summary:PDF Full Text Request
In the modern society, Property Rights is a fundamental right of citizens,and private Property Rights system is a basic legal system. Therefore, constitutional protection of Property Rights is a fundamental requirement of the modern legal state, which plays an important role in the constitutional field of countries. Our Constitution has made great effort in this aspect, but, on the whole, the provisions on Property Rights still have many deficiencies.The purpose of this paper is, through the elaboration of the meaning of Property Rights of Citizens in the basic of the constitution, to recall the historical development of the constitutional guarantee of Property Rights of our citizens,to summarize the characteristics of constitutional protection of private property, and then to analyze the existing problems and reasons,which the Property Rights of our citizens has, on the aspect of the constitutional protection. Thus, this paper makes some reasonable suggestions in order to improve the system of constitutional guarantees of Property Rights of our citizens. And to further strengthen the role of constitutional protection of Property Rights in order to build China into a constitutional state.The meaning of constitutional protection of our Property Rights is:protect the private Property Rights from the highest legal sense, can increase the protection efforts, thereby,the basic rights of citizens will be better safe-guarded. Meanwhile, expanding the scope of constitutional protection of private Property Rights, is to the benefit of the further growth of our economy and wealth, and helpful to maintain the social stability, promote the social harmony. The value of its practice is, to restrict the state power from depriving the Property Rights of Citizens, by the constitutional protection of Property Rights, thereby citizens have rights to avoid from violations of the rights of the political power.In view of the existing problems, this paper makes some measures as follows:First, protect the private Property Rights as a citizens' basic constitutional rights; Second, eliminate the substantive inequalities, so that the national Property Rights and private Property Rights can be in the same protection status; Third, increase the terms of compensation for expropriation in the Constitution in order to make the criteria of compensation clearly, thereby, to change our current legislation which does not specify defined; Fourth, establish a standard system about the constitutional protection of Property Rights of Citizens; Fifth, establish the system of unconstitutional censorship.
Keywords/Search Tags:citizens, Property Rights, the Constitution, guarantee
PDF Full Text Request
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